Judge: Deborah C. Servino, Case: 30-2022-01252124, Date: 2023-07-28 Tentative Ruling

Defendant Medical Staff at Orange County Global Medical Center's demurrer to the fourth cause of action of Plaintiffs Korina Caceres, Yanira Diaz, and Jose Caseres' First Amended Complaint ("FAC"), is sustained with 15 days leave to amend.

A demurrer presents an issue of law regarding the sufficiency of the allegations set forth in the complaint.  (Lambert v. Carneghi (2008) 158 Cal.App.4th 1120, 1126.) The challenge is limited to the “four corners” of the pleading (which includes exhibits attached and incorporated therein) or from matters outside the pleading which are judicially noticeable under Evidence Code sections 451 or 452.  Although California courts take a liberal view of inartfully drawn complaints, it remains essential that a complaint set forth the actionable facts relied upon with sufficient precision to inform the defendant of what plaintiff is complaining, and what remedies are being sought.  (Leek v. Cooper (2011) 194 Cal.App.4th 399, 413.)  On demurrer, a complaint must be liberally construed.  (Code Civ. Proc., § 452; Stevens v. Superior Court (1999) 75 Cal.App.4th 594, 601.)  All material facts properly pleaded, and reasonable inferences, must be accepted as true.  (Aubry v. Tri-City Hospital Dist. (1992) 2 Cal.4th 962, 966-967.) 

The fourth cause of action is for general negligence against Doe 1, Medical Staff at Orange County Global Medical Center.  Specifically, the FAC alleges that the Medical Staff at Orange County Global Medical Center failed to evaluate and ensure that Defendant Ali R. Hamzeh, M.D. had the minimum professional liability insurance coverage.  Absent allegations of malice, Civil Code section 43.7, subdivision (b) bars the fourth cause of action.  (Civ. Code, § 43.7; West Covina Hospital v. Superior Court (1986) 41 Cal.3d 846, 852-854.)  There are no allegations of malice in the FAC.  (See ROA 69.)  Accordingly, the demurrer is sustained with 15 days leave to amend.

The case management conference is continued from July 28, 2023 to October 27, 2023 at 9 am in this Department.

Defendant Medical Staff at Orange County Global Medical Center shall give notice of the ruling and of the continued case management conference.